Judge Cuts Apple Award Versus Samsung, Sets New Damages Trial Poornima Gupta and Erin Smith report at Reuters report that Apple Inc had a major setback in its mobile patents battle with Samsung Electronics. On Friday, March 1st, a federal judge slashed a $1.05 billion jury award by more than 40 percent and set a new trial to determine damages. Here’s more:
-
-
Statistical Confidence Can Help Pinpoint Value. Many questions have arisen concerning the reliability of valuations using the Direct Market Data Method (DMDM). Rand Curtiss shows how to use statistical techniques to answer them with confidence.
-
Unreported Income Can Be Detected By Direct and Indirect Methods; Indirect Methods Examine Cash Inflows and Outflows. Here’s How. Joe Epps, CPA/CFF/ABV, CFE, CVA, explains how a forensic accountant goes about searching for unreported income—a commonly required practice in divorce and bankruptcy cases, contract disputes, and fraud investigations. The direct method is simply reviewing financial statements for the information they provide and taking it at face value. But there are also indirect methods: One indirect method of searching for unreported income is to compare all identifiable cash sources (cash inflows) and all identifiable cash uses (cash outflows). Find out more.
-
Why Estate Planners Need to Understand This Critical Valuation Element of a Buy Sell Agreement All businesses with more than one shareholder should have a current, well-written buy-sell agreement, asserts Mercer Capital. And for clients with valuation processes as part of their agreements, it is critical to understand “levels of value”: Strategic Control Value, Financial Control Value, Marketable Minority Value, and Nonmarkettable Minority Value. Here’s more:
-
The Impact of Fraud and Abuse Can Far Exceed the Value of Stolen Money—Civil Penalties Are Often Exorbitant Clients often look to their attorneys as trusted advisors on the issue of prevention of corporate fraud, waste, and abuse. In this article, Joe Epps identifies the impact occupational fraud and abuse has on a company; present governmental oversight issues associated with fraud and abuse; and several common corruption schemes. He offers recommendations regarding types of accounting evidence and methods necessary to support a financial status review.
-
Difficulties Sometimes Complicate a Valuation Engagement. Here’s How to Anticipate and Derail Potential Disasters With Solid Upfront Client Conversations Conversations with clients are critical to ensure both owner and appraiser are in agreement about standards in a final report, the length of time the process will take, what the final report will look like, and how much it costs. In this second installment in a two-part series, Rand Curtiss takes us through common objections prospects challenge appraisers with and suggests savvy responses to each. Be sure to read part one HERE.
-
Particularly When Valuing Companies with Substantial Foreign Operations, Business Valuation Analysts Know That Country-Specific Input Is Critical David Foster at BVWire News reports that in additional to his general data update for 2013, Prof. Aswath Damodaran (NYU Stern School of Business) provides a list of country default spreads and risk premiums. Here’s the professor’s assessment:
-
Businesses Incur Expenses In Order to Generate Sales. Understanding How These Different Variables Relate to Each Other is Important. Here are Some Tips. Often experts present opinions based on statistical analysis. It helps to understand some basic statistical tools. Dave Sutherland discusses some tools used to test for relationships that may exist among data sets, such as sales, marketing, cost of goods sold, etc. Here’s why correlation may not always be evidence of causation.
-
Plus: Rulings on Family Business Share Value in Oklahoma, Expert Witnessing in New Hampshire The California Appeals Court rules on whether a vineyard’s expectations for future profits for land taken in eminent domain proceedings was a reasonable extrapolation in The People v. Dry Canyon Enterprises, LLC. Click for more state case law on non-competition agreements, expert witnessing, and family business share value—from Texas, Oklahoma, and New Hampshire.
-
Difficulties Sometimes Complicate a Valuation Engagement. Here’s How to Anticipate and Derail Potential Disasters With Solid, Upfront Client Conversations Conversations with clients, both current and prospective, are critically important to ensure both owner and appraiser are in agreement about what standards will be used to produce the final report, how long the process will take, and what it will ultimately look like and cost. In the first of a two-part series, Rand Curtiss takes us through a set of questions valuators should ask of clients, as well as some they should expect to be asked themselves.
-
Buyers and Sellers Need to Negotiate Delivery Targets for Working Capital and Agree on a Fair Market Value for Fixed Assets. Valuation principles generally hold that the value of a business is largely a function of return on invested capital and growth, writes Ron Stacey, since these are the primary drivers of free cash flow. But how does this cash flow relate to the asset and liability values on the balance sheet?
-
A Petitioner Relies Reasonably on His CPA in Gaggero v. Commissioner, the Tax Court Finds. That Makes a Difference: Here’s Why. In Gaggero v. Commissioner, Judge Holmes at the U.S. Tax Court disagrees with the IRS’s contention that the plaintiff conducted an improper scheme to avoid capital gains. In First Street Holdings NV, LLC v. MS Mission Holdings, LLC, Judge Markell at the U.S. Bankruptcy Court finds a lower bankruptcy court’s errors to be likely prejudicial.
-
Net Cash Flow is Often the Most Significant Single Factor in a Financial Condition Analysis A financial expert in an arson case answers four questions: What changes occurred in financial condition prior to the date of the fire? What was the financial condition at the date of the fire? What was the future financial picture if there had not been a fire? Was there a potential financial benefit from the fire? Joe Epps explains why each of these questions matter.
-
Investors Looked Favorably Upon Insurance Underwriters in 2012: The Industry Index Did Better than the S&P. Will Momentum Continue? Mercer Capital provides the insurance industry with corporate valuation, financial reporting, transaction advisory, and related services. Download Mercer’s Fourth Quarter 2012 summary here. More: Investors looked favorably upon insurance underwriters in 2012, driving the SNL U.S. Insurance Underwriter Index to an annual return of 17.7%, which slightly edged the S&P 500 (up 16.0% for the year). The leading sectors for 2012 were Title Insurers (+67%) and Multiline Underwriters (+41%). Stocks of insurance brokers were also up for the year (+11.5%)…
-
Case Involved $6M in Gift Tax and $5M in Estate Tax; Interest in General Partnership Sold for Private Annuity; Much Planning at the End of 2012 Bruce Givner at Financial Planning reports that U.S. Tax Court Judge Elizabeth Paris handed the taxpayers a victory last Thursday [2/14/2013] involving a powerful estate tax planning tool: private annuities. The case, Estate of Kite v. Commissioner, is important, Givner explains, partly because much of the planning was done in a panic at the end of 2012, for fear that the lifetime exclusion would drop from $5.12 million to $1 million per person, and it…
-
There is no excerpt because this is a protected post.
-
Using Online Software Services Can Help Small Businesses Cut Costs. But Companies in Idaho are Discovering It Can Also Increase Their Tax Bills. Steven D. Jones at the Wall Street Journal reports:
-
A Solid Checklist to Help Businesses Deal with the Immediate Hours after Discovery of Fraud The discovery of fraud within a company can be extremely unnerving and can introduce a certain amount of panic in business owners and accounting professionals. Here’s a checklist of things you should be sure to do—from contacting law enforcement and insurers to preserving evidence and communicating with employees.
-
There Are All Kinds of Different Standards to Consider In Sophisticated Valuations. Here are Some Tips. Control premiums are difficult to calculate. Why? Because there are so many variables. You may need to adjust earnings to reflect a control value (i.e., restating owner’s compensation and adjusting discretionary expenses). But wait: There’s more! There are minority earnings. And a variety of people to deal with: a business owner’s son, for instance, might have a quite different idea of what an appropriate premium should be compared to a differing idea from an investment banker who’s part of your team. Rand M. Curtiss…
-
Arbitration Panels Don’t Know Everything a Financial Expert Does. But That Doesn’t Mean You Should Even Consider Talking Down to Them. Arbitration is somewhat similar to a bench trial, but experts need to present opinions somewhat differently than if they were testifying in a jury trial—and this is particularly true with experts testifying on financial issues such as economic damages. Joe Epps explains why.